Vietnam: Important regulations on secondment of public employee

15:20, 30/09/2019

According to Vietnam’s regulations, secondment of public employee is the transfer of a public employee of a public non-business unit to work at another agency, organization or unit according to task requirements for a specified period.

According to the Law on Public Employees 2010 and Decree No. 29/2012/NĐ-CP of Vietnam’s Government, secondment of public employees is implemented in the following cases:

- To perform unexpected or urgent tasks;

- To perform work which must be completed within a certain period of time;

The secondment period must not exceed 3 years. For a number of special sectors or fields requiring a longer secondment period, the secondment period complies with specialized laws. Agencies and units receiving secondees shall assign and arrange tasks to these secondees and evaluate and examine their task performance.

During the period of secondment, seconding public non-business units shall assure salaries and other benefits for secondees. Secondees working in mountainous, border, island, deep-lying, remote, ethnic minority areas or areas with extremely difficult socio-economic conditions are entitled to support policies as stipulated by the Government.

At the end of the period of secondment, secondees may return to their former units. Heads of seconding public non-business units shall receive them back and arrange jobs suitable to their qualifications and skills.

Notably, secondment is not applicable to female public employees who are pregnant or nursing under 36-months-old babies.

Nguyen Trinh

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